Yes, child support is mandatory in Illinois. Non-custodial parents are legally required to pay child support to help cover the financial needs of their children.
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Understanding Child Support Obligations in Illinois
Child support is a legal obligation designed to ensure that children receive adequate financial support from both parents, even if they live in separate households. Under Illinois law, this obligation is based on the principle that both parents share responsibility for their child’s well-being.
Legal Basis for Child Support
The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/505) governs child support obligations. These payments are typically required in cases of divorce, legal separation, or when parents are unmarried, with the non-custodial parent contributing based on state guidelines.
Relevant Factors Considered:
- The income of both parents.
- The number of children being supported.
- Additional expenses, such as healthcare, childcare, and education costs.
Example Scenario:
If a non-custodial parent earns 60% of the combined parental income, they are generally responsible for 60% of the child support obligation as determined by Illinois guidelines.
Steps to Establish Child Support
- Determine Parentage
If parents are unmarried, legal parentage must be established before child support can be ordered. - Calculate Support Obligations
Use Illinois’ income shares model to determine the appropriate payment amount based on parental income and the number of children. - Obtain a Court Order
A court order formalizes the child support obligation and ensures enforceability. - Enforce Payments if Necessary
If payments are not made, enforcement actions such as wage garnishment or license suspension may be pursued.
How Attorneys Can Help
A family law attorney can assist with:
- Calculating accurate child support amounts.
- Filing petitions to establish or modify child support.
- Navigating disputes over financial obligations.
- Enforcing compliance with child support orders.
Need Assistance with Child Support?
Call (630) 366-1760 to speak with an experienced family law attorney who can guide you through the process and ensure your child receives the support they deserve.
Disclaimer: This page provides general information and is not intended as legal advice. For personalized assistance, consult a licensed attorney.
